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Home My WebLink AboutORD 1235ORD 1235pT3(ÌìÓÿÿORDINANCE NO. 1235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 97.5 TO TITLE IX OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO BLINDER RACKS THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 97.5 is hereby added to the Baldwin Park Municipal Code, said chapter to read as follows: BLINDER RACKS 97.180 Intent and purpose A. The City Council finds that the public health, safety, welfare and convenience require that: 1. The good appearance of public streets and grounds be maintained; 2. Visual blight on the public rights-of-way or which may unreasonably detract from the aesthetics of adjacent store window displays, landscaping and other improvements be reduced; 3. Minors be shielded from materials which may be harmful to their psychological or physical well-being. B. The City Council also finds, however, that the reasonable use of such rights-of- way is historically associated with the sale and distribution of newspapers and publications, and such use is a constitutionally protected right. C. Although state law makes the knowing distribution, sale, or exhibition of harmful matter to minors a criminal offense, as specifically set forth in Penal Code Section 313.1, Section 313.1(d) clearly provides that: Nothing in this section invalidates or prohibits the adoption of an ordinance by a city, county, or city and county, that restricts the display of material that is harmful to minors, as defined in this chapter, in a public place, other than a public place from which minors are excluded, by requiring the placement of devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view. D. It is the intent of the City Council to require the placement of blinder racks as permitted by Penal Code 311 through 313.1(d). It is also the intent of the City Council to use the provisions of Penal Code 311 through 313.4 as a guide to the interpretation of and the definition of words and phrases contained in this chapter. BIB] 38134-U01 ORD-U02 1235-U02 LI2-U03 FO8535-U03 FO38917-U03 DO45644-U03 C5-U03 ORDINANCES-U03 5/27/2004-U04 ROBIN-U04 ORD 1235pT3(ÌìÓÿÿOrdinance No. 1235 Page 2 SECTION 2. Section 97.181 is hereby added to the Baldwin Park Municipal Code, said section to read as follows: 97.181 DEFINITIONS For the purposes of this chapter, the following definitions shall apply: A. Blinder rack" means any device placed in front of any material or matter so that the lower two-thirds of the material or matter is not exposed to public view. B. Director" means the Director of Public Works of the City of Baldwin Park. and his or her designee C. Newsrack" means any self-service or coin operated box, container, storage unit, or other dispenser, installed, used, or maintained for the display and distribution of a newspaper, periodical, or other printed matter. D. Public right-of-way" means any land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, sidewalk, walkway, storm drainage, or bicycle path purposes. SECTION 3. Section 97.182 is hereby added to the Baldwin Park Municipal Code, said section to read as follows: 97.182 Identification Every newsrack owner shall permanently affix to each newsrack the owner's name, address, and telephone number above the level of the newspapers or periodicals being displayed for distribution in a place where it may be seen by anyone using the newsrack. SECTION 4. Section 97.183 is hereby added to the Baldwin Park Municipal Code, said section to read as follows: 97.183 Matter harmful to minors No person shall knowingly display or cause to be displayed in any public place, other than a public place from which minors are excluded, any harmful matter as defined in Section 313 of the Penal Code, unless such matter is displayed in or upon shelves, newsracks, newsstands, containers, storage units, or any other dispensers equipped with devices commonly known as blinder racks affixed in such a manner that the lower two-thirds of the matter is not exposed to public view. BIB] 38134-U01 ORD-U02 1235-U02 LI2-U03 FO8535-U03 FO38917-U03 DO45644-U03 C5-U03 ORDINANCES-U03 5/27/2004-U04 ROBIN-U04 ORD 1235pT3(ÌìÓÿÿOrdinance No. 1235 Page 3 SECTION 5. Section 97.184 is hereby added to the Baldwin Park Municipal Code, said section to read as follows: 97.184 Removal and impoundment of newsracks A. The Director may immediately correct any violation of this chapter, and shall do so without impounding, if such correction can be accomplished simply. easily, quickly, and without substantial public expense. B. Any newsrack installed, used. or maintained in violation of the provisions of this chapter, or of state law, may be subject to removal, storage, and disposal by the Director. In such cases, the Director shall notify the owner, by mail, that, unless the violation is corrected or a hearing requested within fifteen 15) calendar days of the date of the notice, the newsrack will be impounded. SECTION 6. Section 97.185 is hereby added to the Baldwin Park Municipal Code, said section to read as follows: 97.185 Hearing on impoundment A. Any owner of a newsrack aggrieved by a decision under Section 97.184 may request a hearing before the Chief Executive Officer or his or her designee other than the Director), provided that a written request for such hearing is received by the city clerk no later than fifteen 15) calendar days from the date of the notice issued under Section 97.184. B. A hearing shall be held within ten 10) business days of the date of receipt of a timely request for a hearing. At the hearing, the owner of the newsrack may present evidence or argument as to whether the newsrack should not be impounded or should be returned without payment of an impound fee. C. The Chief Executive Officer, or his or her designee, shall render a written decision within seven 7) business days after the close of the hearing. The decision of the Chief Executive Officer or his or her designee shall be final. Failure to so render a decision within seven 7) business days shall not affect the validity of such decision. SECTION 7. Section 97.186 is hereby added to the Baldwin Park Municipal Code, said section to read as follows: 97.187 Disposition of impounded newsracks A. The owner of the newsrack may, at any time up to and including the thirtieth 30th) day after the impounding, and if a hearing is held concerning the newsrack at any time up to and including the thirtieth 30th) day after the written decision, obtain a return of the newsrack and its contents, upon paying an impound fee established by resolution of the city council. BIB] 38134-U01 ORD-U02 1235-U02 LI2-U03 FO8535-U03 FO38917-U03 DO45644-U03 C5-U03 ORDINANCES-U03 5/27/2004-U04 ROBIN-U04 ORD 1235pT3(ÌìÓÿÿOrdinance No. 1235 Page 4 B. If a hearing on the impounding of the newsrack is not timely requested, or if the newsrack is not returned in accordance with the provisions of this chapter, the Director may sell or otherwise dispose of the newsrack, its contents, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in the newsrack, in the city's general fund. SECTION 8. Section 97.187 is hereby added to the Baldwin Park Municipal Code, said section to read as follows: 97.188 Fine for display of harmful matter to minors In addition to any and all remedies set forth in this chapter in connection with violations thereof, displays of harmful matter to minors in violation of Section 97.183 of this chapter shall be punished as a misdemeanor pursuant to section 10.99 by a fine not exceeding one thousand dollars or by imprisonment for a term not exceeding six months, or by both fine and imprisonment. SECTION 9. Section 97.188 is hereby added to the Baldwin Park Municipal Code. said section to read as follows: 97.189 Severability Should any part. term, or provision of this chapter be decided by any court of competent jurisdiction to be illegal, unconstitutional, or in conflict with any law of the constitution of the United States or of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. SECTION 10. The City Clerk shall certify to the passage of this ordinance and shall have it published in accordance with the provisions of state law. PASSED AND APPROVED this 19th day BIB] 38134-U01 ORD-U02 1235-U02 LI2-U03 FO8535-U03 FO38917-U03 DO45644-U03 C5-U03 ORDINANCES-U03 5/27/2004-U04 ROBIN-U04 ORD 1235pT3(ÌìÓÿÿOrdinance No. 1235 Page 5 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, Kathleen R. Sessman, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1234 was introduced at a regular meeting of the City Council held May 5, 2004 and was adopted by the City Council at its regular meeting held on May 19, 2004 by the following vote of the Council: AYES: COUNCILMEMBERS: Marlen Garcia, David Olivas, Bill Van Cleave, Mayor Pro Tern Ricardo Pacheco, and Mayor ManuelLozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None i^a^L KATHLEENS. SESSMAN DEPUTY CITY CLERK BIB] 38134-U01 ORD-U02 1235-U02 LI2-U03 FO8535-U03 FO38917-U03 DO45644-U03 C5-U03 ORDINANCES-U03 5/27/2004-U04 ROBIN-U04